Trademark concerns for Massachusetts business owners

As a business owner, you can establish your right to a trademark or servicemark through regular use of the mark, but it's a good idea, in terms of protecting against liabilities, to register the mark with the United States Patent and Trademark Office.

Researching, registering, maintaining and licensing trademarks can seem tedious to business owners who want to focus their energies elsewhere, and many companies turn to an intellectual property lawyer for help in these matters.

Conducting thorough research is a crucial aspect of creating a successful brand and establishing rights to a trademark. Often owners who are sued for trademark infringement are surprised to find that their branding is very similar to another company's. An intellectual property attorney can facilitate U.S. and international searches to guard against possible infringement and other liabilities.

Registered trademarks must also be maintained in order to be valid. Trademark maintenance involves filing specific documentation and paying the necessary fees at intervals.

Many businesses decide to license trademarks, and it is important to draft good licensing agreements to protect the licensor and the licensee. Disputes over trademark licensing can be costly and even cut deeply into the value of the brand. It may be possible to resolve a trademark dispute by renegotiating the license or by terminating it. In other cases, it may be necessary to litigate.

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